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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0734.01 JAG SENATE BILL 98­149

STATE OF COLORADO

BY SENATOR Thiebaut

FINANCE

A BILL FOR AN ACT

CONCERNING THE REDUCTION OF THE MAXIMUM RATE OF INTEREST ALLOWED TO BE CHARGED ON CREDIT CARDS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Reduces the maximum credit service charge allowed to be imposed on a consumer credit sale made pursuant to a seller credit card from 1:% to 13%. Reduces the maximum loan finance charge allowed to be imposed on a loan pursuant to a lender credit card from 21% to 15%. Reduces the maximum loan finance charge allowed to be imposed on a purchase of goods and services using a lender credit card from 18% to 12% when the lender does not provide a twenty­five day grace period for the payment of charges for such goods and services.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  5­2­207 (3), Colorado Revised Statutes, is amended to read:

5­2­207.  Credit service charge for revolving charge accounts. (3)  If the billing cycle is monthly, the charge may not exceed one and three­quarters percent of the amount pursuant to subsection (2) of this section; EXCEPT THAT, IF THE CONSUMER CREDIT SALE IS MADE PURSUANT TO A SELLER CREDIT CARD, THE CHARGE MAY NOT EXCEED ONE AND ONE­QUARTER PERCENT OF THE AMOUNT PURSUANT TO SUBSECTION (2) OF THIS SECTION. If the billing cycle is not monthly, the maximum charge is that percentage which THAT bears the same relation to the applicable monthly percentage as the number of days in the billing cycle bears to thirty. For the purposes of this section, a variation of not more than four days from month to month is "the same day of the billing cycle".

SECTION 2.  5­3­508 (3) (a) and (3) (b), Colorado Revised Statutes, are amended to read:

5­3­508.  Loan finance charge for supervised loans. (3) (a)  Except as provided in paragraph (b) of this subsection (3),the loan finance charge for a loan pursuant to a revolving loan account, calculated according to the actuarial method, may not exceed twenty­one percent per year on the unpaid balance of the principal; EXCEPT THAT, IF THE LOAN IS MADE PURSUANT TO A LENDER CREDIT CARD, THE CHARGE MAY NOT EXCEED FIFTEEN PERCENT PER YEAR ON THE UNPAID BALANCE OF THE PRINCIPAL.

(b) (I)  EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (b), the finance charge obtained from a revolving loan account resulting from the purchase of goods or services may SHALL not exceed eighteen percent per year on the unpaid balance of principal, calculated according to the actuarial method; EXCEPT THAT, IF THE PURCHASE OF GOODS OR SERVICES IS MADE WITH A LENDER CREDIT CARD, THE FINANCE CHARGE SHALL NOT EXCEED TWELVE PERCENT PER YEAR ON THE UNPAID BALANCE OF THE PRINCIPAL, CALCULATED ACCORDING TO THE ACTUARIAL METHOD.

(II)  unless IF the lender provides the debtor the privilege of paying all charges for the purchase of such goods or services PURSUANT TO A REVOLVING LOAN ACCOUNT, without loan finance charge, within twenty­five days after the date of the statement first reflecting such charges, THE FINANCE CHARGE OBTAINED FROM THE REVOLVING LOAN ACCOUNT RESULTING FROM THE PURCHASE OF SUCH GOODS AND SERVICES, CALCULATED ACCORDING TO THE ACTUARIAL METHOD, SHALL NOT EXCEED TWENTY­ONE PERCENT PER YEAR ON THE UNPAID BALANCE OF THE PRINCIPAL; EXCEPT THAT, IF THE PURCHASE OF GOODS AND SERVICES IS MADE PURSUANT TO A LENDER CREDIT CARD, THE CHARGE, CALCULATED ACCORDING TO THE ACTUARIAL METHOD, MAY NOT EXCEED FIFTEEN PERCENT PER YEAR ON THE UNPAID BALANCE OF THE PRINCIPAL. The lender may condition the exercise of this privilege upon the debtor's payment of the full balance due as shown on the statement within said twenty­five days.

SECTION 3.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.